JERSEY Bailiwick of Jersey Bailiwick of Jersey (British Crown Dependency) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Click here Updated 02/25/10
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Saint Helier
91,626 (July 2009 est.)
Terry Le Sueur
Chief Minister since 12 December 2008
The monarch is hereditary; lieutenant governor appointed by the
monarch
HEAD OF GOVERNMENT
SELECTION PROCESS
Ministers of the Cabinet including the chief minister are elected by
the Assembly of States; Bailiff appointed by the monarch.
Elections last held 19 October 2005 for senators and 23
November 2005 for deputies
Next scheduled election: 2011
DECLARATION OF HUMAN RIGHTS
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Jersey 51.1%, Britons 34.8%, Irish, French, and other white 6.6%, Portuguese/Madeiran 6.4%, other 1.1% (2001 census)
Anglican, Roman Catholic, Baptist, Congregational New Church, Methodist, Presbyterian
British crown dependency; Parliamentary democracy with 12 parishes ; Legal system are the laws of the UK, where applicable and
local statutes; justice is administered by the Royal Court
Executive: Ministers of the Cabinet including the chief minister are elected by the Assembly of States; the monarch is hereditary; lieutenant
governor and bailiff appointed by the monarch
Legislative: Unicameral Assembly of the States of Jersey (58 seats; 55 are voting members, of which 12 are senators elected for
six-year terms, 12 are constables or heads of parishes elected for three-year terms, 29 are deputies elected for three-year terms,
the bailiff and the deputy bailiff, and 3 non-voting members includes the Dean of Jersey, the Attorney General, and the Solicitor
General appointed by the monarch)
elections: last held 15 October 2008 for senators and 26 November 2008 for deputies (next to be held in 2011)
Judicial: Royal Court (judges elected by an electoral college and the bailiff)
English 94.5% (official), Portuguese 4.6%, other 0.9% (2001 census)
It has been an island for approximately 8,000 years and at its extremes it measures 10 miles east to west and six miles north to
south. The earliest evidence of human activity in the island dates to about 250,000 years ago when bands of hunters used the caves
at La Cotte de St Brelade as a base for hunting mammoth. There was sporadic activity in the area by nomadic bands of hunters until
the introduction of settled communities in the Neolithic period, which is marked by the building of the ritual burial sites known as
dolmens. The number, size and visible locations of these megalithic monuments (especially La Hougue Bie) have suggested that
social organisation over a wide area, including surrounding coasts, was required for the construction. Archaeological evidence
shows that there were trading links with Brittany and the south coast of England during this time. It would appear that the island was
significant enough to inspire large-scale construction projects. Although part of the Roman world, we know very little about the
island until the 11th century. The tradition that the Island was called Caesarea by the Romans appears to have no basis in fact. The
Channel Islands, then called the Lenur Islands, were occupied by the Britons during their migration to Brittany (5th-6th century).
Various saints such as the Celts Samson of Dol and Branwaldr (Brelade) were active in the region, although tradition has it that it
was Saint Helier from Tongeren in modern-day Belgium who first brought Christianity to the Island in the 6th century, and
Charlemagne sent his emissary to the island (at that time called Angia, also spelt Agna) in 803. The island took the name Jersey as a
result of Viking activity in the area between the 9th and 10th centuries. The Channel Islands remained politically linked to Brittany
until 933 when William Longsword, Duke of Normandy seized the Cotentin and the islands and added them to his domain; in 1066
Duke William II of Normandy defeated Harold at Hastings to become king of England; however, he continued to rule his French
possessions as a separate entity. The islands remained part of the Duchy of Normandy until 1204 when King Philippe Auguste of
France conquered the duchy from King John of England; the islands remained in the personal possession of the king and were
described as being a Peculiar of the Crown. The so-called Constitutions of King John are the foundation of modern
self-government. From 1204 onwards the Channel Islands ceased to be a peaceful backwater and were thrown into the spotlight as
a potential flashpoint on the international stage between England and France. In the Treaty of Paris (1259) the King of France gave
up claim to the Channel Islands. The claim was based upon his position as feudal overlord of the Duke of Normandy. The King of
England gave up claim to mainland Normandy and appointed a Warden, a position now termed Lieutenant-Governor and a Bailiff
to govern in his stead. The Channel Islands were never formerly absorbed into the Kingdom of England, however. Mont Orgueil
castle was built at this time to serve as a Royal fortress and military base. During the Hundred Years' War the island was attacked
many times and was even occupied for a couple of years in the 1380s. Because of the island's strategic importance to the English
Crown the islanders were able to negotiate a number of benefits for themselves from the king. During the Wars of the Roses the
island was occupied by the French for seven years (1461-68) before Sir Richard Harliston arrived in the island to claim it back for
the English king. During the 16th century the islanders adopted the Protestant religion and life became very austere. The increasing
use of gunpowder on the battlefield meant that the fortifications on the island had to be adapted and a new fortress built to defend St
Aubin's Bay. The new Elizabeth Castle was named after the queen by Sir Walter Raleigh when he was governor. During the 1640s
England was split by Civil War and hostilities spread into Scotland and Ireland as well. Jersey was divided and while the sympathy
of islanders lay with Parliament the de Carterets held the island for the king. The future Charles II visited the island in 1646 and
again in 1649 following the execution of his father. It was in the Royal Square in St. Helier on February 17, 1649 that Charles was
first publicly proclaimed king after his father's death. Parliamentarian forces eventually captured the island in 1651. In recognition for
all the help given to him during his exile, Charles II gave George Carteret, Bailiff and governor, a large grant of land in the American
colonies, which he promptly named New Jersey, now part of the United States of America. Towards the end of the 17th century
Jersey strengthened its links with the Americas when many islanders emigrated to New England and north east Canada. The
Chamber of Commerce founded 24 February 1768 is the oldest in the Commonwealth. The Code of 1771 laid down for the first
time in one place the extant laws of Jersey, and from this time the functions of the Royal Court and the States of Jersey were
delimited, with sole legislative power vested in the States. The 18th century was a period of political tension between Britain and
France as the two nations clashed all over the world as their ambitions grew. Because of its position Jersey was more or less on a
continuous war footing. During the American Wars of Independence there were two attempted invasions of the island. The number
of English speaking soldiers stationed in the island and the number of retired officers and English speaking labourers who came to
the islands in the 1820s saw the island gradually moving towards an English-speaking culture.J ersey was the 4th largest ship
building area in the 19th century British Isles, building over 900 vessels around the island. In the late 19th century as the former
thriving cider and wool industries declined, island farmers benefited from the development of two luxury products - the Jersey cow
and the Jersey Royal potato. The former was the product of careful and selective breeding programmes; the latter being a total
fluke. The anarchist philosopher, Peter Kropotkin who visited the Channel Islands in 1890, 1896 and 1903 described the
agriculture of Jersey in The Conquest of Bread. The 19th century also saw the rise of tourism as an important industry, which
reached its climax in the period from the end of the Second World War to the 1980s. English was first permitted in debates in the
States of Jersey in 1901 and the first legislation to be drawn up primarily in English was the Income Tax Law of 1928. Emotionally,
the 20th century has been dominated by the Occupation of the island by German troops between 1940 and 1945 which saw about
8,000 islanders evacuated, 1,200 islanders deported to camps in Germany and over 300 islanders being sentenced to the prison
and concentration camps of mainland Europe (it depended on Neuengamme). 20 died as a result. The islanders endured
near-starvation in the winter of 1944-45, after it had been cut off from German-occupied Europe by Allied forces advancing from
the Normandy beachheads, avoided only by the arrival of the Red Cross supply ship Vega in December 1944. Liberation Day -
May 9 is marked as a public holiday. The Channel Islands were the only British soil occupied by German troops in World War II.
The event which has had the most far reaching effect on Jersey in modern times, is the growth of the finance industry in the island
from the 1960s onwards.
Source: Wikipedia: History of Jersey
Jersey's economy is based on international financial services, agriculture, and tourism. In 2005 the finance sector accounted for
about 50% of the island's output. Potatoes, cauliflower, tomatoes, and especially flowers are important export crops, shipped
mostly to the UK. The Jersey breed of dairy cattle is known worldwide and represents an important export income earner. Milk
products go to the UK and other EU countries. Tourism accounts for one-quarter of GDP. In recent years, the government has
encouraged light industry to locate in Jersey, with the result that an electronics industry has developed, displacing more traditional
industries. All raw material and energy requirements are imported, as well as a large share of Jersey's food needs. Light taxes and
death duties make the island a popular tax haven. Living standards come close to those of the UK.
Source: CIA World Factbook (select Jersey)
Jersey has an unwritten constitution arising from the Treaty of Paris (1259). When Henry III and the King of France came to terms
over the Duchy of Normandy, all lands except the Channel Islands recognised the suzerainty of the King of France. The Channel
Islands however were never absorbed into the Kingdom of England by any Act of Union and exist as "peculiars of the Crown".
The Queen as head of state appoints the Lieutenant-Governor, who serves a ceremonial role as the Queen's representative and as
commander of the Armed Forces, for such a term as she pleases.
Jersey is a "long-standing, small democracy" with ultimate authority resting in the Crown as represented by the Lieutenant-Governor
and the Bailiff. Since 2005, executive power is exercised by the Chief Minister and other Ministers. The development of the
Constitution has seen a gradual separation of the legislature from the judiciary, but the Bailiff remains the president of the States
Assembly.
In 2007, the Chief Minister and the UK Lord Chancellor signed an agreement which established a framework for the development
of the international identity of Jersey.
Jersey, as a polity predominated by independents has always had a number of pressure groups. Many ad-hoc lobby groups form in
response to a single issue and then dissolve once the concerns have been dealt with. However there are a number of pressure
groups actively working to influence government decisions on a number of issues.
Source: Wikipedia: Politics of Jersey
None reported.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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None reported.
None reported.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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Money Laundering and Financial Crimes
Jersey
INCSR 2008 Volume II
The Bailiwick of Jersey (BOJ), one of the Channel Islands, is an international financial center offering a sophisticated array of offshore
services. A Crown Dependency of the United Kingdom, it relies on the United Kingdom for its defense and international relations. Due to
Jersey’s investment services, most of the illicit money in Jersey is derived from foreign criminal activity. Domestically, local drug
trafficking and corruption of politically exposed persons (PEPs) are sources of illicit proceeds found in the country. Money laundering
mostly occurs within Jersey’s banking system, investment companies, and local trust companies.
The financial services industry consists of 48 banks; 1,086 funds; 953 trust companies (2005 statistic), and 175 insurance companies
(2006 statistic), which are largely captive insurance companies. The menu of services includes investment advice, dealing management
companies, and mutual fund companies. In addition to financial services, companies offer corporate services, such as special purpose
vehicles for debt restructuring and employee share ownership schemes. For high net worth individuals, there are wealth management
services. All regulated entities can sell their services to both residents and nonresidents. All financial businesses must have a presence in
Jersey, and management must also be in Jersey. However, although Jersey does not provide offshore licenses, it administers a number
of companies registered in other jurisdictions. These companies, known as “exempt companies,” do not pay Jersey income tax and their
services are only available to nonresidents.
The Jersey Finance and Economics Committee is the government body responsible for administering the law, regulating, supervising,
promoting, and developing the Island’s finance industry. The financial Services Commission (FSC) is the financial services regulator. In
2003, the International Monetary Fund (IMF) assessed Jersey’s anti-money laundering (AML) regime. The IMF reported that it found
the FSC to be in compliance with international standards. The IMF has scheduled a review and assessment of Jersey’s financial
frameworks for October 2008.
Jersey’s main AML laws are the Drug Trafficking Offenses (Jersey) Law of 1988, which criminalizes money laundering related to
narcotics trafficking, and the Proceeds of Crime (Jersey) Law, 1999, which extends the predicate offenses for money laundering to all
offenses punishable by at least one year in prison. The FSC has recently formed a dedicated AML Unit to lead the Island’s operational
AML and counter-terrorist financing (CTF) strategy. The AML Unit will devise and implement a registration scheme for currently
unregulated nonfinancial services businesses and professions entering an oversight regime for the first time.
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17 November 2009
Committee on the Elimination of Discrimination against Women
Information provided by the Government of the United Kingdom of Great Britain and Northern Ireland under the
follow-up procedure to the concluding observations of the Committee
Introduction
1. The concluding observations of the examination of the United Kingdom and Northern Ireland's 5th and 6th Periodic Reports under the
United Nations (UN) Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) request that the
Government of the UK and Northern Ireland provide, within one year of the examination, written information on the steps undertaken to
implement the recommendations contained within paragraphs 261 and 263 of the concluding observations.
39. Overseas Territories:
Currently, three of the 14 Overseas Territories (OTs) have had CEDAW extended to them – please see Annex A for the full list. The UK
is currently working towards extending the UK's ratification of CEDAW to all populated Overseas Territories. All Territory
leaders agreed a target date of November 2009 for the extension of CEDAW at the 2008 Overseas Territories Consultative Council
meeting. The UK continues to encourage and work in partnership with the Overseas Territories to make sure that they are on target to
meet this deadline. We have offered both technical and financial assistance to all the Overseas Territories who require it, to prepare local
legislation to enable us to extend CEDAW by November 2009.
40. Crown Dependencies
Please see below for the current status of CEDAW and the UK’s three Crown Dependencies (CDs):
Baliwick of Guernsey: (including Guernsey and its dependencies): CEDAW not extended. Guernsey is actively exploring the possibility of
extending the Convention with the UK Government but have requested a reservation with regards to tax.
41. Recommendation: In line with article 24 of the Convention and article 13 of its Optional Protocol, the Committee calls upon the State
party to take concrete measures to make the Convention and its Optional Protocol widely known. In this respect, the
Committee requests the State party to undertake public awareness and training programmes on the Convention and its Optional Protocol,
as well as on the Committee’s general recommendations.
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No Reports from Freedom House mentioning Jersey after exhaustive search of their database. Please forward any information
you may have regarding Freedom House efforts on behalf of Jersey to the Pax Gaea World Report editor at the link below
Contact the editor »
Welcome to the
Jersey Amnesty International
Human Rights Film Festival
Monday 15th June until Friday 19th June 2009
Background:
In 2005 the first Jersey Human Rights Film and Photographic Festival took place. This event was organized by Amy Allen, Matthew
Winpenny from the Jersey Arts Centre and photojournalist Richard Wainwright, in association with the Centre for Development and
Emergency Practice at Oxford Brookes University.
This event was a great success, receiving an amazing response and confirmed a desire by the Jersey public to engage with human rights
issues from around the world. Since then the event has grown year on year and Jersey Amnesty International now continues to be the
main organising partner. The Festival is dedicated to showcasing some of the world’s best documentary films and photographic
exhibitions relating to human rights with each evening complemented by a specialist guest speaker.
A key aim is to reach a wide ranging cross section of the community by hosting school events including film screenings, workshops and
seminars for students from all the Islands schools.
Through committed and inspirational filmmakers and photographers we hope to bring to Jersey the reality of human rights abuses
suffered, endured and overcome by the people of the world.
Click here to read more »
No Reports from Human Rights Watch mentioning Jersey after exhaustive search of their database. Please forward any
information you may have regarding Human Rights Watch efforts on behalf of Jersey to the Pax Gaea World Report editor at
the link below
Contact the editor »
STATES OF JERSEY
UK-Jersey TIEA Signing Imminent, by Robert Lee, Tax-News.com,
London
11 March 2009
Jersey is to sign a Tax Information Exchange Agreement with the UK on March 10 as part of the island’s ongoing commitment to the
OECD’s tax initiative on transparency. The latest agreement with the UK marks the 10th negotiated TIEA for Jersey since its first in
2002, with the USA.
Jersey’s Chief Minister, Terry Le Sueur, will travel to London to sign the UK TIEA with the Financial Secretary to the Treasury,
Stephen Timms. Le Sueur said: “Our continuing programme of signing agreements with jurisdictions across the globe confirms our
commitment to the OECD standards of tax information exchange, and demonstrates our willingness to comply with international
standards of financial regulation, anti-money laundering, and combating the financing of terrorism."
“We are particularly pleased to have Jersey recognised by the UK as a member of the community of jurisdictions committed to
international co-operation and information exchange on tax matters, and to have their assurance that Jersey will be treated as such by the
UK authorities.”
“Last year the OECD Secretary General referred to the fact that Jersey has signed a number of Tax Information Exchange Agreements,
and called for clear political recognition for those offshore financial centres that have made this kind of progress. We hope to see this
reflected in the outcome of the G20 Summit in London on April 2 and that there will greater pressure put on those countries, including
some OECD members, who have not yet shared Jersey’s commitment to transparency and co-operation.”
The document will need to be ratified by the UK and Jersey governments before it comes into force officially.
Jersey is due to sign a TIEA with France later this week, and subsequently with Ireland. Negotiations are in advanced stages with both
Australia and New Zealand. Discussions are also underway with Spain and Italy, and Jersey is more than willing to extend such
agreements to all other jurisdictions, including OECD countries, when they are ready to engage, concluded Jersey’s statement.
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Human Rights
The Human Rights (Jersey) Law entered into force on 10 December 2006. This date was the 58 Anniversary of the adoption by the
United Nations of the Universal Declaration of Human Rights. It has also been set aside annually by the UN as International Human
Rights Day - to celebrate, educate and reflect on the principles that form the Universal Declaration of Human Rights.
The United Kingdom's ratification of the European Convention on Human Rights (ECHR) has included Jersey since 1951 and people in
the Island have, since then, been able to bring cases claiming that their rights under the Convention have been infringed, before the
European Court of Human Rights in Strasbourg, a lengthy and expensive process which only a handful of people have followed. One big
change that the 2000 Law will bring is that it will incorporate the rights guaranteed by the Convention into the Island's domestic law and
enable, for the first time, the enforcement of those rights in the Jersey courts.
Since the States adopted the Human Rights (Jersey) Law in 2000, Protocol 13 of the ECHR was opened for signature on 3 May 2002,
which provides for the total abolition of the death penalty in all circumstances, including wartime.
On 13 May 2003, the States adopted a Proposition of the Policy and Resources Committee (P.39/2003) that the Island Authorities should
inform the UK that they wished the UK ratification of Protocol 13 to be extended to Jersey.
In the following pages, you will find:
a short guidance note on the draft Law
the most frequently asked questions about the Law
Human Rights (Jersey) Law 2000
(Note: The Human Rights (Jersey) Law 2000 has been amended by Article 66 of the Terrorism (Jersey) Law 2002, to take into account
that the revised provisions on detention of persons suspected of terrorism offences introduced by the 2002 Law have made it
unnecessary to maintain the derogation contained in Schedule 2 to the Human Rights Law).
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19 November 2009
Rights group aims for recognition
A group which monitors human rights in Jersey is hoping for official recognition by the States.
Politicians and non-States members make up the group which acts as a watchdog to ensure the island's Human Rights law is being
enforced.
Deputy Bob Hill set up the Jersey Human Rights Group earlier this year.
He said the group is not recognised by the States as an official body but he hopes that will change now they have a formal set of rules to
follow.
The group looks at issues like inheritance, data protection, the role of the Magistrate and States suspensions.
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Elizabeth II of the United Kingdom
Queen since 6 February 1952
None reported.
Michael Birt
Bailiff since 09 July 2009
Represented by
Andrew Ridgeway
Lieutenant Governor since 14 June 2006